RHM 421 Midterm Study Guide
RHM 421 Midterm Study Guide RHM 421-320
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Anna Wynn Rodgers
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This 7 page Study Guide was uploaded by Anna Wynn Rodgers on Sunday February 22, 2015. The Study Guide belongs to RHM 421-320 at University of Alabama - Tuscaloosa taught by Teer in Spring2015. Since its upload, it has received 174 views. For similar materials see Hospitality Law in Public Health at University of Alabama - Tuscaloosa.
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Date Created: 02/22/15
RHM 421320 MIDTERM STUDY GUIDE INTRODUCTION TO LAW 1 What is Law A body of rules of conduct which is prescribed by a controlling authority government and has a binding force disobedience has negative consequences Law has 3 basic sources I manners and morals that a society establishes by tradition 2 rules that are enacted either by the people agreeing together or by duly appointed or elected representatives of the people agreeing together to be bound by such rules 3 when disputes that happen between members of a society are settled the decision therein becomes a precedent for similar events causing when they are the subject of disputes The foundation of all Law in the US the organic source of law meaning all law must be in agreement and the fundamental document out of which all in the US is based whether that law be federal state or local Where does the US Constitution trace its roots Magna Carta The US Constitution Establishes the character and conception of government 2 Organized the government 3 Lays out the basic principles of law to which internal life is to be conformed 4 Prescribes the extent and manner of the exercise of sovereign power What does the constitution lay out The organization of the Federal government which is based on the foundation of State governments banding together into a centralized government How man branches is the federal government organized into I h consists of the congress The Senate and House of Representatives House of Representatives is elected from state to state based on the population of that state The Senate is elected even handedly in that each state has two senators Has the called statutes which are rules that are set out as binding on all citizens All statutes must be agreed on by both chambers of the legislative branch the president and his administration Statute tells us what to do and the regulations tells us how to do it No statute becomes effective as law until the President signifies that he agrees with it by signing it Means that they are called on to apply the statutes and the regulations in cases where a dispute has arisen RHM 421320 MIDTERM STUDY GUIDE 8 Levels of Courts the court where actual trials in front of a jury are held first level of the appeals process in the Federal court system There are usually several states in a circuit Alabama is in the 11th Circuit headquartered in Atlanta The US Circuit Court of Appeals handles all appeals from the US District Court as well as from the US Bankruptcy Court highest court in the US which handles appeals from the US Circuit Courts as well as appeals from the highest State level courts 0 Not required to take up every case that is appealed to it 0 They only act upon a document they use to accept a case 0 Only issues certiori in cases where there is a significant constitutional issue or where there are significant dividend opinions among the various US Circuit Court of Appeal or where a particular question is a vital matter of public policy has special jurisdiction over matters of personal and corporatebusiness bankruptcies Federal Courts have jurisdiction over all matters of law dealing with the US Constitution or Federal Statutes All judges and justices in the Federal Court System are appointed 9 Organization of State Government these courts deal Primari39y with minor criminal matters such as traffic offenses and with matters that arise out of municipalcountylocal ordinances a municipalcounty ordinance is a law enacted by city or county government meant only to apply in that particular location 0 Also deal with small claims matters 0 Judge in these courts hears all matters of dispute 0 No jury the trial court in the Alabama court system 0 Forum in which all jury trials are held 0 One Circuit court may only cover one county or it might cover more than one county based on population court serves as the first level of appeals for all civil matters court must hear everything sent before it court is the highest court in the Alabama Court System 0 With a few exceptions this court hears matters via the writ of certiori Possible to appeal cases to the US Supreme Court from the Alabama Supreme Cou o Judges and Justices in the Alabama court system are elected using the normal political party driven election process 10 The Nature of Law Law is a very imprecise discipline Always reactive in nature responding to the actions of society and seeking to deal with issues as they arise It is fluid Something that is illegal at one time may become legal at another time RHM 421320 MIDTERM STUDY GUIDE 11 CIVIL PROCEDURES 1 What is Civil Law The law which is related to private rights and remedies sought by individuals Type of law that governs most of the issues and relationships that businesses of all types including the hospitality industry deal with 2 What are Federal Rules of Civil Procedure Lawsuits brought in the Federal courts are governed by these set of rules Each state has a corresponding set of rules for actions brought within the State court system 3 What are the rules referred to in Alabama Alabama Rules of Civil Procedure all of these rules are quite similar but will differ in minor points such as time constraints or venue where the lawsuit is properly filed 4 Civil Courts S stem 1 i all civil actions begin with someone believing that they have been wronged by another If the person satisfies the claim and makes the claiming party whole then this ends the dispute and matters progress no further If the one making the claim is not satisfied then that person can proceed on the filing of a lawsuit 2 a document in which the plaintiff sets out in writing the facts of the dispute between themselves and the defendant 3 method of officially notifying the defendant that a lawsuit has been instituted against him 4 a document stating the defendant39s side of the dispute 5 pretrial devices that can be used by one party to obtain facts and information from the other party in order to assist the party39s preparation for the trial Insures that either side of a lawsuit has access to most of the information the other side has if either side believe that they have been affected during the trial of the case because the judge made a mistake in his interpretation or application of law then that party may appeal the case to an appellate level court 5 Who is a plaintiff The person who brings the suit 6 Who is a defendant The person who gets sued 7 What is a venue Lawsuit must be filed in the proper place with the proper court 8 What is the Statute of Limitations Sets out that a party has only so long to file a suit 9 What is a discovery exception Deals with situations in which there is some sort of delay in the plaintiff being able to discover that he has been damaged 10 What are the 3 methods that are utilized for service of process I contemplates that the defendant will be personally handed a copy of the suit by an individual called a process server 11 12 13 14 15 RHM 421320 MIDTERM STUDY GUIDE 2 accomplished by simply mailing the lawsuit document to the defendant using the US Postal Service certified mail return receipt requested function 3 allows for a legal advertisement to be placed in a newspaper serving the area where the defendant was last known to have lived What is the Burden of Proof The obligation to prove one39s assertion What is a settlement When the parties reach a compromise on their own or with the assistance of meditation rather than going to trial and having a judge orjury decide the case What are the 3 rimary methods of accomplishing discovery 1 written questions propounded by one side to the other side in a civil legal action Very useful for finding out preliminary information such as as names and addresses of any known witnesses etc Relatively inexpensive Can be limited in that the answers are not given in real time 2 real time question andanswer sessions held before a court reporter who has the authority to swear in a witness thus insuring that the answers are truthful on pain of contempt of court discipline Usually held in a conference room with an attorney for one side of a lawsuit asking questions of a witness representing the other side of the suit Expensive proceedings Allow opinions feelings and other less fact based testimony to come to light Give a very accurate picture of what a witness39s demeanor is under questioning 3 one side in a lawsuit will have documents or other things that the opposing side needs to see to prepare Discovery method used to gain access to this type of documentary or material evidence is the motion to produce What happens during the Trial Jury selection Opening statements Plaintiff39s presentation Motion to dismiss Defendant39s presentation Closing arguments Jury charge on the law PONP SJ EP NT Jury deliberation 9 The verdict Two types of examination Direct Examination when the plaintiff39s attorney is questioning witnesses that have been called by their side he must use an examination technique 0 Requires that he put questions to the witness for the purpose of eliciting the witness39s memory or opinions o It is designed to put the facts that the witness has before the jury Cross Examination conducted by the defendant and allows leading questions to be put to the witness RHM 421320 MIDTERM STUDY GUIDE o Leading questions are designed to put the truth of what the witness says to a test of veracity confidence and strength 16 Prima Facie Defendant does not have to speak if plaintiff does not present a Prima Facie case Means SOME evidence o In order to get through to successfully jump the Prima Facie case plaintiff has to present scintilla tiny bit of evidence Scintilla tiny bit of evidence Preponderance more evidence scale tips in plaintiff s favor need preponderance on all evidence to make a contract a contract 17 What is a brief Document stating it s respective side of the legal argument l8 Writ of Certiori This means that it will only certify cases which have grave public policy issues matters of high political importance III HIERARCHY LAW 1 List the Hierarchy of Law US Constitution Federal State Statutory Constitution Law State iFede glVcase i Statutory Law Federal State Case Regulations l aW Regulations County Municipal Ordinances IV CONTRACTS 1 What is a contract An agreement between two or more persons to do or not to do a particular thing 2 What are the elements of a legally binding contract Incompetency a minor is not competent to enter a contract Mental competency you have to be able to understand what you are agreeing to when entering a contract Competency depends on the person knowing what they are doing 2 3 doesn t have to be at the same time someone doesn t pay dealer for marijuana dealer can t go to court because it is illegal 4 someone breaks the contract usually looking for payment RHM 421320 MIDTERM STUDY GUIDE Remedies for breach of contract money damages specific performance 3 What is a term How long agreement is supposed to last 4 What is a termination An end or cancellation to a contract 5 What is an indemni cation When one party agrees to pay something that the other party owes may or may not be a bad thing but need to know it exists If agreed to it it may or may not be fair 6 Statute of Fraud Certain kinds of contracts need to be in writing to be enforceable TORT LAW 1 What are torts A private or civil wrong or injury other than a breach of contract for which the court will provide a remedy in the form of an action for damages 2 Gate cries of Torts I arise out of negligence 2 arise out of actions that are intentional 3 What is battery Any form of unconsented touching 4 What is assault To be put in fear of a imminent battery 5 Defamation of Character 1 defamation committed to media 2 defamation which is spoken 3 Elements of Defamation of Character a Untrue b Published c Evidence of harm to reputation defamation per se no need to prove harm to reputation 6 Unintentional Torts 1 Premises Liability liability arising out of the ownership andor control of real property Level of Duty is based on the type of visitor to the premises 3 types of visitors I Trespassers a person on the property without permission of owner 2 Licensees a person on the property for that person39s purposes 3 nvitees a person on the property for the purposes of the person in control of the property 2 Products Liability 3 Professional Liability 4 Vehicular Liability 7 What are the 4 elements that have to be present in order to be negligence I Duty Individuals involved in this affair one of them is supposed to be careful to the other or both careful to each other 2 Breach of Duty very common for negligence cases violating standard care 8 Respondiat Superior The employer answers for the employee the principal answers for the agent The employee must be operating with authority in order to hold the employers liable responsible for any injuries RHM 421320 MIDTERM STUDY GUIDE Types of Authority 0 Actual Authority 0 Implied Authority 0 Apparent Authority VI PRODUCT LIABILITY 1 Uniform Commercial Code UCC A group of law professors got together and decided to create commercial law for all states All states have adapted this to make trade from state to state easier UCC requires food produced provided for human use for price meet these guidelines 0 Wholesome has to be edible 0 Fit for human consumption ingredients are things humans generally eat 2 How do you lose your liquor license I Unlawful to sell liquor outside allowable hours I 2 Unlawful to sell to underage or giveaway 3 3 You get in trouble if you39re a store people buy liquor and they are caught drinking in store drinking in liquor store 4 If you don39t keep certain records 5 ABC amp law enforcement have a right to inspect property with reasonable notice 6 Can39t add more alcohol 10 Arrested for Fake ID 22 3 Dram Shop Act Creates an artificial relationship between provider of liquor to the person injured by person dnang 901 4 Food amp Beverage Agencies Food and Drug Administration FDA US Department of Agriculture USDA
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